Monday, November 12, 2012

FL Appeal: Trust Agreements Entered Into by Wards

In the recent decision of Jasser v. Saadeh, the Florida Fourth District Court of Appeal determined that a ward, with an emergency temporary guardian who has been granted all of the ward’s legal rights, lacks legal capacity to enter into trust agreements. Any trust agreement entered into by the ward is void ab initio.

Guardianship proceedings were initiated against Karim Saadeh, and the Florida probate and guardianship court appointed an emergency temporary guardian (ETG). In appointing an emergency temporary guardian for Saadeh, the trial court removed all of Saadeh’s rights, except his right to vote. The order appointing the emergency temporary guardian delegated to the emergency temporary guardian the power to exercise all delegable legal rights and powers of Saadeh with the exception of Saadeh’s right to vote.

During the time of Saadeh’s emergency temporary guardianship, Saadeh’s emergency temporary guardian (ETG) directed Saadeh to sign a trust agreement. After Saadeh’s execution of the trust, an examining committee was appointed to determine Saadeh’s incapacity. In all other respects, the temporary guardianship continued, and Saadeh did not regain any of his rights. Upon the reports of the examining committee, which unanimously determined that Saadeh was competent, the Florida court dismissed the petition for guardianship.

Saadeh filed a petition to revoke the trust that Saadeh had signed under the direction of Saadeh’s emergency temporary guardian. The trial court found that when it appointed the emergency temporary guardian and granted her all of the ward’s legal rights, it thereby removed them from the ward. Thus, Saadeh had no legal capacity to enter into the trust agreements. Therefore, the trust agreement was void ab initio. Thus, even though Saadeh was ultimately determined competent, because Saadeh had signed the trust during the time period when his power to exercise his legal rights had been delegated to the emergency temporary guardian (ETG), Saadeh had no legal right to sign the trust.

The Florida court reasoned: “[A]t the time of the execution of the trust, the right to contract had been removed from Saadeh…Thus, because Saadeh had no legal right to execute the trust, the trust was invalid and void.” Even though Saadeh had actual capacity to execute the trust, Saadeh had no legal capacity.

Follow NASGA's Facebook Page

Twitter Updates

Twitter Updates

Follow NASGA on Linked-in

Help Support NASGA!

Another great way to donate to NASGA is by doing your online shopping with Goodshop!
They will donate up to 20% of your purchases back to us and offer great savings at places like Neiman Marcus, Adidas, and Sundance Catalog.
So, you can save money and help us stop guardian abuse too!

Follow by Email

NASGA supports

Disclaimer

Victim stories are written and submitted by individual victims. NASGA has no knowledge or responsibility as to the accuracy or validity of their statements. Use of any such story or information contained therein in any manner is not authorized without prior written consent from NASGA or the individual author.

Comments on this site are moderated. NASGA reserves the right to accept, reject or delete any comments posted. Comments are the sole responsibility of the sender.

This site contains links to web sites controlled or offered by third parties (non-affiliates of NASGA).

NASGA hereby disclaims liability for any information, material, products, services, or any other, posted or offered at any of the third-party sites. By creating a link to a third-party site, NASGA does not endorse or recommend any products or services offered. NASGA further disclaims liability for the content, security, validity or accuracy contained in said third-party sites.

NASGA Followers

NASGA

NASGA (National Association to STOP Guardian Abuse, Inc.) is a 501(c)(3) public-interest, civil rights organization formed by victims of unlawful and abusive guardianships and conservatorships. We seek legislative reform of existing law and upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment and engaging in elder and family abuse.

Our mission is to promote the safety and well being of adults subject to injury and damage in their person and property through unlawful and abusive guardianship and/or conservatorship proceedings; to end the growing violations of due process, civil and human rights; to work towards ultimate legislative reform of guardianship as presently practiced; upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment; and to be a support organization for victims and their families. We carry out our mission through research, outreach, education and advocacy; and going forward, by alliance with community interest, law reform, civil rights and other advocacy organizations.

Any copyrighted material included herein is distributed in accordance with the Fair Use section of 17 U.S.C. 107, in the interest of public research and education, without profit.

NASGA claims no credit for any images posted on this site. If there is an image appearing on this blog that belongs to you and you do not wish for it to appear here, please E-mail at Info@StopGuardianAbuse.org with a link to the image and we will promptly remove it.

Comments and opinions posted to our Blog are our readers - not NASGA. We do not censor comments, and we welcome opposing views. We do reserve the right, however, to delete any submitted comment which contains foul or obscene language.

Please visit our website by clicking the link below for more information on how you can help stop guardianship / conservatorship abuse.